Child custody will be among the most crucial issues a divorcing parent will address. In most cases of divorce, the court that has jurisdiction for the divorce proceedings also determines the custody of the child. Under the common statutory provision, whenever children are born to parents who are married, the parents have joint guardianship over those children and they both have equal rights to the custody of the children should they separate. Child custody does not only involve physical custody of a child, but also care for the child and the parental rights, privileges, duties and powers associated with it.

Best Interests of the Child

The court's primary consideration when establishing a child custody case is the best interests of the child. A court will seek out to obtain the custodial arrangement which best serves a child's physical, psychological and emotional needs, in order to do so the court focus on the facts and circumstances of a case, presumes that the child's best interests are served by granting custody to a parent.  The child's well being takes precedence over the parents wants and desires.

There are four main types of child custody:

Joint Custody

In cases in which both parents can properly perform their duties as parents the courts award joint custody.  Joint custody also defined as shared custody grants the parents’ equal rights in making decisions connected to the child rearing. A joint custody arrangement includes the ability to cooperate between parents, expenses, and the child's preferences and needs.

Sole or Full Custody

Sole or full custody is the conventional type of custody where one parent is elected as the custodial parent, and has the legal responsibility and physical care and control of the child. The custodial parent has the basic right in making decision concerning the child which can include sensitive areas such as religious upbringing and surname changes.

Third Party or Non-parental Custody

Third party or non parental custody is commonly awarded and is possible in cases of divorce, death of a parent if the surviving parent is unfit, or on condition that a child has been living with a third party for an extended period of time. Third parties that are likely to seek custody of a child are grandparents, aunts, uncles, stepparents, or partners in same sex relationships.

Split Custody

Split custody is the least type of custody arrangement when the custody of multiple children is split between the parents. A court could take into account when making a split custody award the following: children's and parents' preferences, the children’s age gaps, special needs, disciplinary matters, and a child's integration in a separate household.

Child Visitation Laws

Child visitation laws are an essential part of the divorce process. Visitation is the legal right of a non custodial parent to visit with their children. Unless the court finds that visitation is not in the best interest of the child, the non custodial parent has legal rights to child visitation or parenting time. Although, states have different approach to visitation and child visitation rights it is generally comprise of alternating weekends and some holidays. The visitation arrangement and amount of time is declared in the final divorce agreement and may be revised by supplementary court order. In cases wherein parents cannot agree on their own visitation schedule child visitation laws will be established. The court will determine which parent is given primary care based upon the best interest of the child particularly if the child is younger than sixteen. The parent will be held in contempt of court if a parent violates visitation rights or refuses to return a child.

General Information

All emails or letters must be accessible to the child without delay. The parent must present the other parent with a phone number if a parent takes the child out of town for more than several days. Both parents must provide the other latest contact details and information regarding other family member the child was permitted to stay with. Both parents are permitted and encouraged to attending any special functions and school activities. The non custodial parent is not permitted to take out a child from school even though it is the parent's visitation duration.

Visitation, Holidays, and Vacations

Regardless of whether a parent has paid child support or not, a parent is guaranteed visitation rights due to these rights are granted by the court. A supervised visitation means the non custodial parent can only see the child at definite times under the strict supervision of whomever the court orders. Both parents can agree on visitation times or if they cannot agree the court will issue them.

The court will also determine holiday visitation schedules if parents cannot have an agreement. They are often broken down and designated to each parent. The non-custodial parent at all times obtains to plan vacation time primarily for the year; however, it cannot be scheduled on certain holidays pledged to the custodial parent that year. The custodial parent must plan vacation surrounding these days and must not go beyond one weekend visit or three weekday visits and not a parent can diverge with the child's school timetable. Both parents are permitted a selected amount of time without interruption, frequently contingent on the age of the child, and commonly at some time in summer. Priorities are holiday visitations over normal visitation schedules but exclude certain holidays.